Lex Cameroon

Acte uniforme portant organisation des procédures collectives d'apurement du passif › Title 0 › Section 5

SECTION 97

The opening of collective proceedings shall not as of right entail the termination of the lease on buildings occupied for the exercise of the professional activity of the debtor; this shall include premises adjoining the buildings occupied by the debtor or his family as a dwelling house. Any provision to the contrary shall be disregarded. In the case of liquidation, the Bankruptcy Trustee, and in case of receivership, the debtor assisted by Bankruptcy Trustee, may continue enjoying the lease alongside the rights and obligations attached thereto or transfer same on terms possibly contained in the contract concluded with the lessor. Where, in the case of liquidation, the Bankruptcy Trustee, and in case of receivership, the debtor assisted by the Bankruptcy Trustee, decides not to continue with the lease, it shall be terminated upon a simple notice made by any extrajudicial act. The termination shall take effect at the end of the period for notice stipulated in the said act which shall not be less than thirty days. The lessor who intends to request or have recorded the termination of a lease for reasons which existed prior to the decision to open proceedings shall, where he has not yet done so, submit his request within a period of one month following the second publication of the lease in a newspaper empowered to publish legal notices provided for in Article 36 above or the publication in the Official Gazette provided for in Article 37 (3) above. The lessor who intends to formally request for the termination of a lease for reasons occurring after the decision to open proceedings shall make the request within the time limit of fifteen days from the date when he had knowledge of the reason for such termination. Termination shall be ordered by the competent court where the guarantees offered are considered inadequate to safeguard the preferential right of the lessor.
Official translation Spot-checked In force from 10 April 1998 Source page 35

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Texte français

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Refers to

Contents

Section 97 of the Acte uniforme portant organisation des procédures collectives d'apurement du passif /akn/ohada/act/loi/undated/aupcap-1998
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